[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Rules and Regulations]
[Pages 18054-18056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06120]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2022-0612; FRL-10300-02-R8]


Approval and Promulgation of Implementation Plans; Colorado; 
Revisions to Code of Colorado Regulations; Regulation Number 3

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
majority of revisions to Regulation Number 3 of the Code of Colorado 
Regulations (CCR) submitted to the EPA by the State of Colorado on 
March 22, 2021. The revisions that the EPA is finalizing approval on 
include updated references to other sections of the CCR that were moved 
to a new location, as well as changes to Regulation 3 to reflect 
digitalization of public notice and comment procedures. The EPA is not 
finalizing approval of revisions that reflect changes made by Colorado 
to update dates of incorporation by reference (IBR) of sections of the 
Code of Federal Regulations (CFR) for the reasons outlined in section I 
of the preamble of this final rule. The EPA is taking this action 
pursuant to the Clean Air Act (CAA).

DATES: This rule is effective on April 26, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2022-0612. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Matthew Lang, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, telephone number: (303) 312-6709, email address: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our 
November 7, 2022 proposal.\1\ In that document we proposed to approve a 
State Implementation Plan (SIP) revision submitted by Colorado which 
included changes to Regulation 3, Parts A, B, and C. The revisions to 
Regulation 3, Part A were originally intended to be finalized as an 
update to the date of IBR from November 29, 2013 to December 11, 2014 
of Global Warming Potentials as codified in 40 CFR part 98, subpart A, 
table A-1. This date of IBR was meant to be added in both sections 
I.B.10 and I.B.44.b.(i) of Part A. However, it was determined that the 
final version of Regulation 3, Part A, which was inserted into the CCR, 
only showed the removal of the November 29, 2013 date without its 
necessary replacement with the updated date of IBR. The EPA is not able 
to approve the revised date into the SIP since it was not formally 
included in Colorado's regulations. Colorado is currently going through 
its state rulemaking process to add the revised date to section I.B.10 
of Part A. Therefore, in order to prevent the deletion of the existing 
date of IBR without having a replacement date, the EPA will not take 
final action on the revisions to Regulation 3, Part A, section I.B.10 
in this final rule. Further, while the revised date was properly 
included in the final version of section I.B.44 of Part A that was 
inserted into the CCR, the EPA will also not take final action on the 
revisions to section I.B.44 in this final rule in order to prevent 
conflicting dates of IBR between sections I.B.10 and I.B.44. Once 
Colorado has submitted revisions showing the revised date in section 
I.B.10 of Part A as having been formally inserted into the CCR, then 
the EPA will propose to take action on the revisions that update the 
dates of IBR in both sections I.B.10 and I.B.44.
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    \1\ Approval and Promulgation of Implementation Plans; Colorado; 
Revisions to Colorado Code of Regulations; Regulation Number 3, 87 
FR 66985 (November 7, 2022).
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    In this action, the revisions to Regulation 3, Parts B and D are 
being finalized as proposed in our November 7, 2022 proposal. In that 
rule, we proposed to approve those revisions to Regulation 3, Parts B 
and D because they were prepared in accordance with the requirements in 
section 110 of the CAA.
    The EPA held a 30-day comment period on the proposed rulemaking 
beginning on November 7, 2022 and closing on December 7, 2022. We 
received a comment on the proposal from one commenter. Our comment 
summary and response to the comment is below.

II. Response to Comments

    Comment: Commenter stated generally that any grammatical errors in 
Regulation 3, Part B should be corrected for clarity and offered their 
support of the digital availability of permit application materials.
    Response: We thank the commenter and acknowledge their comments. We 
are not aware of, nor did the commenter specifically highlight, any 
grammatical errors in the submitted revisions to Regulation 3, Part B. 
Moreso, we are not aware of any grammatical errors that would change 
the meaning or substance of the submitted revisions. Therefore, the EPA 
is finalizing the proposed revisions to Regulation 3, Part B as 
proposed.

III. Final Action

    We are approving revisions to Regulation 3, Parts B, sections 
III.C, III.C.1.e, III.C.4, and III.D.1 as submitted by the State of 
Colorado on March 22, 2021. We are also approving revisions to 
Regulation 3, Part D, sections II.A.11.a(viii), IV, IV.A, IV.A.1, and 
IV.A.7 submitted by the State of Colorado on March 22, 2021. We are not 
finalizing approval of revisions to Regulation 3, Part A, sections 
I.B.10 and I.B.44.b(i) in this action as explained in section I of this 
preamble. The EPA intends to address Regulation 3, Part A, sections 
I.B.10 and I.B.44.b(i) in a future and separate rulemaking action.

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes IBR. In accordance with requirements of 1 CFR 51.5, the EPA is 
finalizing the IBR of Regulation 3, Parts B and D, which include 
updated references to other sections of the CCR and changes to 
Regulation 3 to reflect digitalization of public notice and comment 
procedures, as set forth below in the amendments to 40 CFR part 52. The 
EPA has made, and will continue to make, these materials generally 
available through www.regulations.gov and at the EPA

[[Page 18055]]

Region 8 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information). Therefore, these materials have been approved by the EPA 
for inclusion in the State implementation plan, have been incorporated 
by reference by the EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of the EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, described in the Unfunded Mandates 
Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 26, 2023. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

    Dated: March 12, 2023.
K.C. Becker,
Regional Administrator, Region 8.

    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart G--Colorado

0
2. In Sec.  52.320, the table in paragraph (c) is amended by:
0
a. Under the heading ``5 CCR 1001-05, Regulation Number 3, Part B, 
Concerning Construction Permits'', revising the entry ``III. 
Construction Permit Review Procedures'';
0
b. Under the heading ``5 CCR 1001-05, Regulation Number 3, Part D, 
Concerning Major Stationary Source New Source Review and Prevention of 
Significant Deterioration'', revising the entries ``II. Definitions'', 
and ``IV. Public Comment Requirements''.
    The revisions read as follows:


Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *

[[Page 18056]]



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                                    State effective    EPA effective   Final rule citation/
              Title                      date              date                date                Comments
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                                                  * * * * * * *
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                   5 CCR 1001-05, Regulation Number 3, Part B, Concerning Construction Permits
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                                                  * * * * * * *
III. Construction Permit Review           2/14/2021         4/26/2023  [insert Federal
 Procedures.                                                            Register citation],
                                                                        3/27/2023.
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 5 CCR 1001-05, Regulation Number 3, Part D, Concerning Major Stationary Source New Source Review and Prevention
                                          of Significant Deterioration
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                                                  * * * * * * *
II. Definitions..................         2/14/2021         4/26/2023  [insert Federal
                                                                        Register citation],
                                                                        3/27/2023.
 
                                                  * * * * * * *
IV. Public Comment and Hearing            2/14/2021         4/26/2023  [insert Federal
 Requirements.                                                          Register citation],
                                                                        3/2/2023.
 
                                                  * * * * * * *
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[FR Doc. 2023-06120 Filed 3-24-23; 8:45 am]
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